BILL NUMBER: SB 726 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2005
AMENDED IN SENATE APRIL 4, 2005
INTRODUCED BY Senator Florez
FEBRUARY 22, 2005
An act to amend Section 361.4 of, and to add Sections 366.23 and
366.24 to, the Welfare and Institutions Code, relating to dependent
children.
LEGISLATIVE COUNSEL'S DIGEST
SB 726, as amended, Florez. Dependent children.
Existing law governs dependency proceedings in the juvenile court,
including status review hearings, reunification services, and
proceedings to determine whether to return a child to his or her
parent or legal guardian, or to terminate parental rights. Existing
law requires, until January 1, 2010, social workers to visit the
homes of, and to conduct criminal records checks of all persons
living in the homes of, relatives and prospective guardians or other
persons who are not licensed or certified foster parents before
placing children in those homes.
This bill would enact "Adam's Law," which would require social
workers to visit the home of, and conduct criminal records checks of
all persons living in the home of, a noncustodial parent prior to the
placement of a child who has been removed from the custody of the
other parent in that home. The bill would also require social workers
to prepare, and the court to consider, reports regarding the
observations of foster parents, as specified, prior to returning a
child to the custody of a parent or legal guardian. By imposing new
duties on county employees, the bill would impose a state-mandated
local program.
This bill would also require a court to require the social worker
to conduct a 2nd home visit, as specified. Until that 2nd home visit
occurs, the court would retain jurisdiction over that child. The bill
would further require a court to order a parent or legal guardian to
complete one or more parenting classes after reunification with a
child under 6 years of age who had been placed in foster care.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
This act shall be known and may be cited as "Adam's Law."
SEC. 2. Section 361.4 of the Welfare and Institutions Code is
amended to read:
361.4.
(a) Prior to placing a child in the home of a noncustodial parent
or other relative, or the home of any prospective guardian or other
person who is not a licensed or certified foster parent, the county
social worker shall visit the home to ascertain the appropriateness
of the placement.
(b) Whenever a child may be placed in the home of a noncustodial
parent or other relative, or the home of any prospective guardian or
other person who is not a licensed or certified foster parent, the
court or county social worker placing the child shall cause a state
and federal level criminal records check to be conducted by an
appropriate governmental agency through the California Law
Enforcement Telecommunications System (CLETS) pursuant to Section
16504.5. The criminal records check shall be conducted with regard to
all persons over the age of 18 years living in the home, and on any
other person over the age of 18 years, other than professionals
providing professional services to the child, known to the placing
entity who may have significant contact with the child, including any
person who has a familial or intimate relationship with any person
living in the home. A criminal records check may be conducted
pursuant to this section on any person over the age of 14 years
living in the home who the county social worker believes may have a
criminal record. Within five judicial days following the criminal
records check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that a
fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision is
initiated through the Department of Justice to ensure the accuracy of
the criminal records check conducted through the California Law
Enforcement Telecommunications System and shall review the results of
any criminal records check to assess the safety of the home. The
Department of Justice shall forward fingerprint requests for federal
level criminal history information to the Federal Bureau of
Investigation pursuant to this section.
(c) Whenever a child may be placed in the home of a noncustodial
parent or other relative, or a prospective guardian or other person
who is not a licensed or certified foster parent, the county social
worker shall cause a check of the Child Abuse Index pursuant to
subdivision (a) of Section 11170 of the Penal Code to be requested
from the Department of Justice. The Child Abuse Index check shall be
conducted on all persons over the age of 18 years living in the home.
(d) (1) If the criminal records check indicates that the person
has no criminal record, the county social worker and court may
consider the home of the noncustodial parent or other relative,
prospective guardian, or other person who is not a licensed or
certified foster parent for placement of a child.
(2) If the criminal records check indicates that the person has
been convicted of a crime that would preclude licensure under Section
1522 of the Health and Safety Code, the child may not be placed in
the home, unless a criminal records exemption has been granted by the
county, based on substantial and convincing evidence to support a
reasonable belief that the person with the criminal conviction is of
such good character as to justify the placement and not present a
risk of harm to the child pursuant to paragraph (3).
(3) (A) A county may issue a criminal records exemption only if
that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may file a
request with the Director of Social Services seeking permission for
the county to establish a procedure to evaluate and grant appropriate
individual criminal records exemptions for persons described in
subdivision (b). The director shall grant or deny the county's
request within 14 days of receipt. The county shall evaluate
individual criminal records in accordance with the standards and
limitations set forth in paragraph (1) of subdivision (g) of Section
1522 of the Health and Safety Code, and in no event shall the county
place a child in the home of a person who is ineligible for an
exemption under that provision.
(B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.
(4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of county
exemption decisions.
(5) The State Department of Social Services shall not evaluate or
grant criminal record exemption requests for persons described in
subdivision (b), unless the exemption request is made by an Indian
tribe pursuant to subdivision (f).
(6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish a
procedure to evaluate and grant criminal records exemptions, the
county may not place a child into the home of a person described in
subdivision (b) if any person residing in the home has been convicted
of a crime other than a minor traffic violation, except as provided
in subdivision (f).
(e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is otherwise
authorized to conduct using fingerprints.
(f) Upon request from an Indian tribe, the State Department of
Social Services shall evaluate an exemption request, if needed, to
allow placement into an Indian home that the tribe has designated for
placement under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) that would otherwise be barred under this section. However, if
the county with jurisdiction over the child that is the subject of
the tribe's request has established an approved procedure pursuant to
paragraph (3) of subdivision (d), the tribe may request that the
county evaluate the exemption request. Once a tribe has elected to
have the exemption request reviewed by either the State Department of
Social Services or the county, the exemption decision may only be
made by that entity. Nothing in this subdivision limits the duty of a
county social worker to evaluate the home for placement or to gather
information needed to evaluate an exemption request.
(g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 3. Section 366.23 is added to the Welfare and Institutions
Code, to read:
366.23.
(a) Prior to ordering the return of a child to the physical
custody of his or her parent or legal guardian, the court shall order
the social worker to prepare a report containing information
obtained from an interview with the foster parents of the child
regarding the needs of the child and any relevant additional
information regarding the child, including, but not limited to, the
behavior of the parent or legal guardian of the child as observed by
the foster parent while the child resided with the foster parent. The
social worker shall interview the foster parents and report to the
court in a timely manner. The court may not return a child to the
physical custody of his or her parents until the court has received
and considered this report.
(b) (1) Notwithstanding any other provision of this part, the
court may not return a child who is within the jurisdiction of the
juvenile court pursuant to Section 300 and who has been removed from
the physical custody of his or her parent or guardian, to the
physical custody of that parent or guardian, unless the court
requires the social worker to conduct a second home visit and to make
a written report to the court regarding the child's living
conditions within the home within a reasonable period of time after
the child is returned to the physical custody of the parent or
guardian. If a second home visit is not completed within a reasonable
period of time after the child is returned to the physical custody
of the parent or guardian, or if the social worker conducts a second
home visit and makes a determination in a written report to the court
that the home in which the child will reside is not clean
and safe and adequate to ensure the continued safety and
protection of the child, the child shall be removed from the home.
(2) Pursuant to paragraph (1), a child shall remain within the
jurisdiction of the juvenile court after he or she is returned to the
physical custody of his or her parent or guardian until the social
worker completes the second home visit and determines that the home
is clean, safe, safe and adequate to
ensure the continued safety and protection of the child.
SEC. 4. Section 366.24 is added to the Welfare and Institutions
Code, to read:
366.24.
If a dependent child of the court who had been placed in foster
care is returned to the physical custody of his or her parent or
legal guardian and if that child is less than six years of age, the
court shall order the parent or legal guardian to complete one or
more parenting classes subsequent to his or her reunification with
the child.
SEC. 5.
If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.